Ludo Xbox 360 Terms of Service Agreement
Please read the following important Terms of Service Agreement (the "Agreement") before accessing or using any of the various services (the "Services") made available to you (the "User") by PopularMedia, Inc. (âPMIâ) through http://www.ludoxbox.com
By completing the registration process for the http://www.ludoxbox.com site, you represent that you can and will be legally bound by this Agreement. No User may participate where doing so would be prohibited by any applicable law or regulation.
Modifications
PMI reserves the right to modify or amend this Agreement at any time, for any reason, or for no reason at all, at PMI's sole discretion. The most recent version of this Agreement will be posted on the http://www.ludoxbox.com site. Although PMI will provide notice of material changes to this Agreement on the http://www.ludoxbox.com website, as User it is your sole responsibility to keep yourself apprised of any such modifications or amendments. Should User object to any terms and conditions of the Agreement or any subsequent modifications thereto or become dissatisfied with http://www.ludoxbox.com in any way, User's only recourse is to immediately discontinue use of http://www.ludoxbox.com.PMI reserves the right to modify or amend at any time the requirements and methods through which free merchandise is earned. PMI may also, at any time, add or remove merchandise available to be earned. If merchandise is replaced, it may not be of equal value to the item being replaced.
A) User Restrictions
1. Users may only earn one (1) Merchandise Item from completing the requirements found in this Terms of Service.
2. Only one (1) User per Household is eligible to earn a Merchandise Item.
3. A User may only earn Merchandise from participating in any website or program owned or operated by PopularMedia, Inc. one (1) time in any thirty day period.B) Description of Services
As User, you will be provided with the following Services through the http://www.ludoxbox.com site:1. Ability to Register for http://www.ludoxbox.com. Registration may include providing personal information and may include multiple steps requiring other various information or actions. You must complete the entire Registration process, providing accurate information where applicable to receive Services.
2. Ability to copy a notification message for your friends about http://www.ludoxbox.com from the Site.
3. Ability to remove personally identifiable information from the http://www.ludoxbox.com database by contacting customer service at EMAIL, and terminating your registration with http://www.ludoxbox.com.
4. After completing the Registration process, which will require you to provide personal information and may require you to complete various steps, you will receive an email from http://www.ludoxbox.com detailing the merchandise redemption process.All judgments concerning the applicability of these guidelines shall be at the sole and exclusive discretion of PMI.
C) Program Requirements
1. User must view http://www.ludoxbox.com and meet the other requirements of the program.
2. We can only give out credit for referrals who join by using the Userâs unique referral link. Anyone who does not click this URL or type it into their web browser exactly cannot be tracked, and thus, cannot be connected to the Userâs account. Note that some applications can remove the tracking part of this URL. Users assume the risk of not getting credit for some referrals when using our site(s). We will not add, remove, or change any referrals or referees.D) Merchandise
1. http://www.ludoxbox.com does not guarantee delivery time on any merchandise, nor does http://www.ludoxbox.com guarantee receipt of any merchandise.
2. http://www.ludoxbox.com will make a reasonable effort to track and/or locate any missing merchandise for User.
3. http://www.ludoxbox.com is not responsible for lost merchandise due to incorrect addresses, delivery failure or theft.
4. http://www.ludoxbox.com reserves the right to refuse any replacement merchandise request.
5. http://www.ludoxbox.com does not guarantee or warranty any merchandise earned on our website.E) User Conduct
Use of the Services by you, as User, is subject to all applicable local, state, national and international laws and regulations. PMI reserves the right, but does not assume any obligation, to monitor the Services to enforce this Agreement. Nor does PMI guarantee that any monitoring it does perform will be to the User's satisfaction. Upon learning of any violation of this Agreement, PMI, at its sole discretion, may terminate your access to and use of the Services, require you to remedy such violation, and/or take any other actions that PMI deems appropriate to enforce its rights and pursue all available remedies. Without limitation, PMI reserves the right to terminate your access to and use of the Services if, in our view, your conduct fails to meet any of the following guidelines:
1. Users shall not engage in any activity that constitutes harassment, including, but not limited to, excessive repetition when inviting a person to join http://www.ludoxbox.com.
2. Users shall not use multiple email addresses to open multiple User accounts.
3. Users shall not invite people unknown to them to join http://www.ludoxbox.com.
4. Users shall not attempt to interfere with any other person's use of the Services.
5. Users shall not misrepresent their identity or impersonate any person.
6. Users shall not hold themselves out as sponsored by, endorsed by, or affiliated with the http://www.ludoxbox.com site.
7. Users shall not use any portion of the http://www.ludoxbox.com website or the Services for uploading, posting, emailing, transmitting or otherwise making available junk mail, commercial advertisements, or any other form of commercial solicitation.
8. Users shall not use any portion of the http://www.ludoxbox.com website or the Services for uploading, posting, emailing, transmitting or otherwise making available messages that are harmful, threatening, abusive, vulgar, obscene, defamatory, libelous, hateful, or racially, ethnically or otherwise objectionable.
9. Users shall not use any portion of the http://www.ludoxbox.com website or the Services for uploading, posting, emailing, transmitting or otherwise making available messages that are harmful to minors in any way. Users shall not attempt to gain unauthorized access to http://www.ludoxbox.com's database or other computer systems.
10. Users shall not attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by http://www.ludoxbox.com in connection with the http://www.ludoxbox.com website or the Services.
11. Users shall not engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Services or the http://www.ludoxbox.com website.
12. Users shall not use any portion of the http://www.ludoxbox.com website or the Services for any unlawful purpose.
13. Users may not post information on a website, forum, or auction that has to do with "canceling the offers" including, but not limited to, cancellation phone numbers, cancellation time frames, and any encouragement or direction to cancel the offers after signing up with them.
14. Users may not barter, sell or trade for referrals or offer completions.
15. USERS MAY NOT USE SPAM TO OBTAIN REFERRALS. You may not use unsolicited email, use net, or message board postings ("SPAM") to gather referrals. (Usenet and message board spam are messages sent or posted which are unrelated to the topic of discussion of the particular news group or message board.)All judgments concerning the applicability of these guidelines shall be at the sole and exclusive discretion of PMI.
F) Compliance
PMI will screen all referrals and redemptions for compliance. PMI will be the sole arbiter in determining non-compliant activity. Determination of non-compliance will result in the Userâs account being closed, with the User becoming ineligible for any merchandise or rewards from this, or any site run by PMI.G) Privacy
A Privacy Policy has been established to explain to Users how their information is collected and used, which User can read by clicking here.User's use of the http://www.ludoxbox.com website or the Services signifies acknowledgement of and agreement to PMI's Privacy Policy. Users acknowledge and agree that PMI may disclose User's personal information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to comply with legal process, enforce this Agreement, or to protect the rights, property, or personal safety of PMI, its employees, users and third parties, and the public.
H) Copyrights, Trademarks, Patents and Intellectual Property Rights
User acknowledges that messages, files or other materials ("Content") contained on the http://www.ludoxbox.com website and within http://www.ludoxbox.com email messages, and third party advertisements on the website and distributed via email, of a commercial nature and presented to User by http://www.ludoxbox.com and the Services, are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. User is permitted to use http://www.ludoxbox.com Content or third party Content only as expressly authorized by http://www.ludoxbox.com or the third party advertiser. User may not copy, reproduce, distribute, or create derivative works from the http://www.ludoxbox.com Content or third party Content without expressly being authorized to do so by http://www.ludoxbox.com or the third party advertiser. User may make a copy of the http://www.ludoxbox.com Content or third party Content for User's personal, noncommercial use only, provided that User keeps all copyright or other proprietary notices intact.I) Disputes
Any controversy or claim arising out of or relating to this Agreement, http://www.ludoxbox.com, or the provision of the Services shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in San Francisco County, California, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either you or PMI may seek any interim or preliminary relief from a court of competent jurisdiction in San Francisco County, California necessary to protect the rights or property of you or PMI (or its agents, suppliers, and subcontractors) pending the completion of arbitration.If there is a dispute between participants on this site, or any third party, PMI is under no obligation to become involved. In the event that User has a dispute with one or more Users, User hereby releases PMI, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service. If User is a California resident, User waives California Civil Code Section 1542, which says "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
J) Termination
Either party may terminate use of the http://www.ludoxbox.com website or the Services with or without cause at any time and effective immediately upon written notice to the other party. http://www.ludoxbox.com may terminate with or without cause at any time and effective immediately, at PMI's sole discretion, including but not limited to User's failure to conform with these terms and conditions of the Agreement. PMI shall not be liable to User or any third party for termination of use of http://www.ludoxbox.com or the Services. User's right to use http://www.ludoxbox.com or the Services shall cease immediately. User shall have no right and PMI will have no obligation thereafter to forward any unread or unsent messages to User or any third party. Sections C-J shall survive termination of the Agreement.K) DISCLAIMERS OF WARRANTIES
USER AGREES THAT USE OF THE http://www.ludoxbox.com SITE AND THE SERVICES IS ENTIRELY AT USER'S OWN RISK. THE http://www.ludoxbox.com SITE AND THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, http://www.ludoxbox.com DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE http://www.ludoxbox.com SITE AND THE SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, http://www.ludoxbox.com DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE http://www.ludoxbox.com SITE OR THE SERVICES ACCESSED THROUGH ANY LINKS ON THE http://www.ludoxbox.com SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, http://www.ludoxbox.com DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE http://www.ludoxbox.com SITE OR THE SERVICES. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.L) LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL http://www.ludoxbox.com BE LIABLE ON ACCOUNT OF USER'S USE OR MISUSE OF THE http://www.ludoxbox.com SITE OR THE SERVICES, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE http://www.ludoxbox.com SITE OR THE SERVICES, FROM INABILITY TO USE THE http://www.ludoxbox.com SITE OR THE SERVICES, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE http://www.ludoxbox.com SITE OR THE SERVICES. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE http://www.ludoxbox.com SITE OR THE SERVICES OR ANY LINKS ON THE http://www.ludoxbox.com SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE http://www.ludoxbox.com SITE OR THE SERVICES OR ANY LINKS ON THE http://www.ludoxbox.com SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdiction, limitations of liability are not permitted. In such jurisdictions, the foregoing limitation may not apply to you.M) Indemnification
User agrees to indemnify and hold PMI, its subsidiaries, affiliates, successors, assigns, directors, officers, agents, employees, service providers, and suppliers harmless from any dispute which may arise from a breach of terms of this Agreement. User agrees to hold PMI harmless from any claims and expenses, including reasonable attorney's fees and court costs, related to User's violation of this Agreement.N) Governing Law
This Agreement and the relationship between User and PMI shall be governed by the laws of the State of California without regard to its conflict of law provisions. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect. User agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. PMI makes no representation that materials on this web site are appropriate or available for use in other locations and accessing them from territories where its contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with applicable laws.O) Agreement
The Agreement constitutes the entire agreement between User and PMI and governs your use of http://www.ludoxbox.com and the Services, superseding any prior agreements between you and PMI. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The failure of PMI to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. The section titles in the Agreement are for convenience only and have no legal or contractual effect.